RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 26, 2019 No. 210

About approval of the List of the documents necessary for receipt of the microcredit, and also Rules of maintaining the credit folder under the agreement on provision of the microcredit

According to the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve:

1) the List of the documents necessary for receipt of the microcredit, according to appendix 1 to this resolution;

2) Rules of maintaining the credit folder under the agreement on provision of the microcredit, according to appendix 2 to this resolution.

2. To provide to department of methodology and regulation of the financial organizations in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and Item 3 of this resolution.

3. To department of external communications - the press service of National Bank to provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

5. This resolution becomes effective since January 1, 2020 and is subject to official publication.

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 26, 2019 No. 210

List of the documents necessary for receipt of the microcredit

1. For receipt of the microcredit the applicant - the physical person provides:

1) the statement with data on the purpose of use of the microcredit (in case of provision of the target microcredit), about the property provided in ensuring execution by the applicant of obligations on repayment of the microcredit and payment of remuneration with indication of its cost, or about lack of providing (it is not required in case of issue by pawnshop of the mortgage ticket);

2) the identity document of the applicant (information on the identity document of the applicant containing surname, name, middle name (in case of its availability), individual identification number (for the residents and nonresidents having individual identification number), birth date, document number, body of issue, date of issue and effective period of the document);

3) the documents confirming powers of the representative of the applicant on agreement signature about provision of the microcredit (for the applicant's representative);

4) if the provided microcredit is provided with pledge of property, - the pledge agreement (it is not required in case of issue by pawnshop of the mortgage ticket), copies of the documents confirming the property right to the property which is subject to registration, and in cases of obligatory registration of pledge of property - the registration certificate of pledge of property;

5) the documents and information necessary for calculation of coefficient of debt load of the borrower (it is not required in case of receipt of the microcredit in credit partnership and pawnshop).

2. For receipt of the microcredit the applicant - the legal entity provides:

1) the statement with data on the purpose of use of the microcredit (in case of provision of the target microcredit), about the property provided in ensuring execution by the applicant of obligations on repayment of the microcredit and payment of remuneration with indication of its cost or about lack of providing;

2) the decision of body of the applicant on receipt of the microcredit;

3) copies of constituent documents of the applicant;

4) the documents confirming powers of the representative of the applicant on agreement signature about provision of the microcredit (for the applicant's representative);

5) if the provided microcredit is provided with pledge of property, - the decision of body of the pledger - the legal entity on provision of subject of pledge in ensuring obligation fulfillment of the applicant, the pledge agreement, copies of the documents confirming the property right to property, and in cases of obligatory registration of pledge of property - the registration certificate of pledge of property.

Appendix 2

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 26, 2019 No. 210

Rules of maintaining the credit folder under the agreement on provision of the microcredit

1. These rules of maintaining the credit folder under the agreement on provision of the microcredit (further - Rules) are effective concerning the agreement on provision of the microcredit.

Requirements of Rules extend to the organizations performing microfinancial activities (further - the microfinancial organizations), performing activities for provision of the microcredits.

2. In the microfinancial organization the credit folder opens in day of signing by the borrower of the first contract on provision of the microcredit with this microfinancial organization.

3. The credit folder contains the documents provided in the List of the documents necessary for receipt of the microcredit according to appendix 1 to this resolution, and also the following documents and data:

1) agreement on provision of the microcredit;

2) supplementary agreements to the agreement on provision of the microcredit;

3) the repayment schedule of the microcredit signed by the parties;

4) calculations of the specified value of annual effective rate of remuneration (in the presence);

5) the agreement of guarantee or the guarantee, the documents confirming powers of the representative on signing of the warranty agreement on behalf of the guarantor or the guarantee agreement on behalf of the guarantor (in case of the microcredit on which obligation fulfillment is provided with guarantee or the guarantee);

6) correspondence between the microfinancial organization and the borrower;

7) the documents (or their copies) confirming complete or partial debt repayment under the agreement on provision of the microcredit, reflecting source of repayment of the microcredit (the money transferred by the borrower or obtained from sale of pledged property);

8) information confirming receipt of consent of the subject of credit history to provision of information on him in credit bureaus;

9) information confirming receipt of consent of the subject of credit history to issue of the credit report to the receiver of the credit report.

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